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re: United's dragged passenger hires high-powered Chicago personal injury lawyer

Posted on 4/12/17 at 10:31 am to
Posted by lsupride87
Member since Dec 2007
112582 posts
Posted on 4/12/17 at 10:31 am to
quote:

If it says that on the back of the ticket, then yeah. I have to be. You can't agree to a contract then get pissed at the company when it is enforced.

What if it doesnt say that on the contract?

Are you following along at all?
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:31 am to
quote:

The terms of the contract say they can remove him from the plane for any reason they see fit.

Broken record alert...

Aviation attorneys have read the contract and disagree with you.

Have you read the contract?
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 4/12/17 at 10:31 am to
quote:

The terms of the contract say they can remove him from the plane for any reason they see fit.


Link?
Posted by Sneaky__Sally
Member since Jul 2015
12364 posts
Posted on 4/12/17 at 10:31 am to
quote:

If it says that on the back of the ticket, then yeah. I have to be. You can't agree to a contract then get pissed at the company when it is enforc


well the whole issue here is that it doesn't seem it said that they could remove this passenger involuntarily from a non-overbooked flight on the back of his ticket...
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:31 am to
quote:

What if it doesnt say that on the contract?

Are you following along at all?

The idea of, "I know this for a fact" despite not actually reading the contract and despite those who know about this type of shite reading the contract and stating the exact opposite is mind bottling.
Posted by lsupride87
Member since Dec 2007
112582 posts
Posted on 4/12/17 at 10:31 am to
quote:

The terms of the contract say they can remove him from the plane for any reason they see fit.


Please show that to us. And go ahead and forward that to the neutral attorneys who have read the entire policy and manged to miss it.
Posted by Henry Jones Jr
Member since Jun 2011
77837 posts
Posted on 4/12/17 at 10:32 am to
quote:

mind bottling.
leave now, please.
Posted by Sneaky__Sally
Member since Jul 2015
12364 posts
Posted on 4/12/17 at 10:33 am to
quote:

quote:mind bottling

leave now, please.


Its a quote from a movie
This post was edited on 4/12/17 at 10:35 am
Posted by lsupride87
Member since Dec 2007
112582 posts
Posted on 4/12/17 at 10:33 am to
quote:

leave now, please.
Dude, you came in here saying the ticket agreement plainly says they can remove you for any reason
Posted by Lou Pai
Member since Dec 2014
29643 posts
Posted on 4/12/17 at 10:33 am to
Fine, not overbooked in terms of selling more tickets than there are seats. But oversold vs. the requirements of the airline, which as others have said, have a domino effect of potentially hundreds of other passengers.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:34 am to
quote:

leave now, please.



Posted by AwesomeSauce
Das Boot
Member since May 2015
11631 posts
Posted on 4/12/17 at 10:34 am to
quote:

that's quite literally the crux of the entire deal here.


Overbooked implies 70+ seats booked on a 70 seat plane. Oversold covers overbooked, but also in this case where less seats were available than originally planned.

quote:

This is correct, and...

1. This is not an overbooking situation

2. I've seen nothing that states UA is allowed to do this. Expert lawyers in this field have argued that they very well may not have had any authority to make that decision.


1. I've said as much, code of carriage never says anything about overbooking as it limits United's "power" here.
2. It will all depend on whether oversold covers them, it's semantics. The argument will literally be whether the semantics of using oversold vs overbooked covers UA.

quote:

Which part of the contract gave UA the right to remove him?

They denied his boarding. Removing him from the manifest denied his boarding, it's in the code of carriage that they can deny boarding in an "oversold" situation.

*Just because I think UA had the right doesn't mean that I agree with them carrying out that right. I'm not letting my opinion of this situation in public opinion shape my view on it from a purely legal standpoint. Most of these 15? 16? pages is people venting frustration to airlines for pulling this shite overbooking/overselling, which I'm fully onboard with. My opinion is purely could they, not should they.
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 4/12/17 at 10:35 am to
quote:

But oversold vs. the requirements of the airline, which as others have said, have a domino effect of potentially hundreds of other passengers.



Boo fricking hoo. Not the passenger's problem.

Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:35 am to
quote:

Fine, not overbooked in terms of selling more tickets than there are seats.
But that's what the contract clearly states.

quote:

But oversold vs. the requirements of the airline, which as others have said, have a domino effect of potentially hundreds of other passengers.
Where in the contract does it mention being removed for this?

Again, maybe it's in there, but I'm just asking where.
Posted by Sneaky__Sally
Member since Jul 2015
12364 posts
Posted on 4/12/17 at 10:36 am to
they will settle before it goes to court, but would definitely be interesting to watch a legal battle over the definition of "oversold"
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 4/12/17 at 10:36 am to
United could have flown the entire crew on Southwest out of Midway later that night for $100 total.

United could have chartered a private plane to make the run.

United could have hired a driver to bring people to Louisville.


All of which would have been cheaper and quicker than what ended up happening considering that cleaning up the blood on the plane delayed the flight by about 2 hours.
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 4/12/17 at 10:36 am to
quote:

My opinion is purely could they, not should they.


Perhaps they should test it out in court. If they are right they have nothing to lose. I love a good bonfire .
Posted by dukke v
PLUTO
Member since Jul 2006
216684 posts
Posted on 4/12/17 at 10:37 am to
I must have missed this part.... why was he taken off the plane???????
Posted by Sneaky__Sally
Member since Jul 2015
12364 posts
Posted on 4/12/17 at 10:38 am to
quote:

United's dragged passenger hires high-powered Chicago personal injury lawyer by dukke vI must have missed this part.... why was he taken off the plane???????


I feel like this is a joke but they needed seats for united crew members who had to be in Louisville the next morning... (this was an early afternoon flight I think)
This post was edited on 4/12/17 at 10:38 am
Posted by Choupique19
The cheap seats
Member since Sep 2005
65578 posts
Posted on 4/12/17 at 10:38 am to
quote:

If a police officer asks you for your car keys and wallet and to sign the title over to him, do you comply?

NYNolaguy


I wasn't aware that the airline security asked the passenger to turn over his personal possessions.

But if several policemen are telling me I must leave an area I will comply whether I think they have the right to do that or not, and then I can fight that argument in a more peaceful way at a later date.

quote:

Some people are so easily manipulated by authority and power




Some people have 0% chance of ever getting roughed up by authority and power because they know not to fight a losing battle.
This post was edited on 4/12/17 at 10:38 am
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